Evidence from Abroad and from Providers: Testing the Route
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A set of account records lies in the court file. The company that made them is in another country. How did the records get here? Who asked, under what power, and on what promise?
The request units taught how to ask. This unit teaches how to test what came back. It serves the prosecutor who must defend the route and the defence lawyer who must probe it.
Focus: every item from abroad or from a provider has a route. Find it, date it, and test each step.
Learning objectives
- Name the four routes by which provider or foreign material reaches a file, and what each allows.
- Apply ten route questions to a provider's records.
- Explain why the place where data is stored may not decide which law applies.
- Describe the safeguards for a witness who gives evidence by video link from abroad.
- Say what a defence lawyer can and cannot obtain from another country.
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